Evropski nalog za izvršenje (odnos Uredbe EU br. 805/2004 i Uredbe EU 44/2001 i potreba za celishodnim regulisanjem izvršenja stranih odluka u domaćem zakonodavstvu)

Čolović, Vladimir (2010) Evropski nalog za izvršenje (odnos Uredbe EU br. 805/2004 i Uredbe EU 44/2001 i potreba za celishodnim regulisanjem izvršenja stranih odluka u domaćem zakonodavstvu). In: Harmonizacija zakonodavstva Republike Srbije sa pravom Evropske unije. Insitut za uporedno pravo, Beograd, pp. 299-314. ISBN 978-86-7067-148-5

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Abstract

The European Parliament and the Council of the European Union have adopted in April, 21 2004 the Regulation No. 805/2004 of the creating a European Enforcement Order for uncontested claims. The basic purpose of this Regulation is to created abovementioned order for uncontested claims to permit, by laying down minimum standards, free circulation of judgments, court settlements and authentic instruments throughout all Member States without any intermediate proceedings. This Regulation shall apply in civil and commercial matters. Also, this Regulation shall not apply in some topics (bankruptcy, liquidation, some matrimonial relationships, status or legal capacity of natural persons, etc.). The Regulation defines that a judgment which has been certified as a European Enforcement Order in the Member State of origin shall be recognised and enforced in the other Member States without the need for a declaration of enforceability and without any possibility of opposing its recognition. Esspecially, this Regulation regulates the minimum of standards for the enforcement of the uncontested claims. Also, the Regulation defines the enforcement procedure, the refusal of enforcement, court settlements, etc. At the end, the Regulaton consists six annexes – order certificates. In this topic exists Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction of judgements in civil and commercial matters and the Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters. European Enforcement Order for uncontested claims should offer significant advantages of compared with the exequatur procedure provided for in the Council Regulation No. 44/2001. The application for certification as a European Enforcement Order for uncontested claims should be optional for the creditor, who may instead choose the system of recognition and enforcement under Regulation (EC) No 44/2001 or other Community instruments. When a document has to be sent from one Member State to another for service there, the Regulation No. 805/2004 and in particular the rules on service set out herein should apply together with Regulation (EC) No 1348/2000. In this topic, the legislation of the Republic of Serbia consists the rules of the Private International Law for the recognition and enforcement of the foreign decisions. The most important features of the Regulation No. 805/2004, and therefore, the most important elements for the functioning of this system are as follows: 1) Definition of cases, when a request will be indisputable. These cases are related to the debtor and its relationship to the claim, and the court proceedings; 2) Determining of the elements of the European Enforcement Order; 3) Defining the minimum standards, particularly in the request for enforcement; and 4) Determining of the process of enforcement by the rules of the country of enforcement, as well as, defining the necessary conditions for the enforcement of the requests.

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